You have probably heard already, but in a recent ruling, the 11th Circuit Court of Appeals overturned a lower court’s decision and declared that a voicemail is a communication governed by the Fair Debt Collection Practices Act.

While this ruling should not impact any of our clients because we are selective to work only with good actors, we wanted to take this opportunity to remind you to review the content of your messages to make sure you are in compliance with FDCPA regulations.

One of the contended issues of the case was whether the agency gave “meaningful disclosure” that this was an attempt to collect a debt and that any information obtained would be used for that purpose, given that the voicemail in question was the first communication with the plaintiff.

Now is a good time to log in and listen to your messages to make sure you are giving the “mini-Miranda”, disclosing that this is an attempt to collect a debt. We typically suggest that our clients use some form of the Zortman message, like this example:

• “We have an important message from <company name>. This is a <message/voicemail/notice> from a debt collector. This is an attempt to collect a debt. Please call 866-123-4567.”
• Additionally, if you intend to use DirectDrop Voicemails as a first communication, you should also consider adding that “any information obtained will be used for that purpose” to adhere to FDCPA rules on first communication.

If you need us to help you record updated messages, our team is here to assist you. Please contact us to order a new message using VoApps’ professional voice talent.

Please let us know if you have questions.